ADDENDUM::J.J. has a chance to live! – Respectful Insolence

Although I have already posted concerning the recent ruling regarding the care JJ is now receiving, there are two points that Orac highlights that bear a closer look.  He is a bit more blunt than I can be (comfortably),,,

A point I was not aware of or missed completely in regards to the original ruling:

Even though Clement’s quackery had nothing to do with traditional aboriginal medicine, Ontario Court Justice Gethin Edward, who belongs to the same Six Nations band as JJ, ruled that the parents could choose Clement’s quackery instead of chemotherapy, all in the name of “aboriginal rights.” At the time, I characterized the decision as ruling that the parents can let their daughter die.

Concerning the recent compromise and the "acceptance" of Clement's woo as aboriginal medicine:

It still irks me that the first time around the judge seemed to conflate Brian Clement’s quackery with aboriginal medicine in his decision in that his decision was that JJ’s family had the right to use aboriginal medicine, not that they had the right to fly to Florida and subject JJ to the quackery of a man whose wheatgrass enema treatments have about as much to do with aboriginal culture as Eminem. Yet almost no one that I saw from the aboriginal community actually pointed out that basic fact, so intent were they to claim this decision as a victory for native rights,,,.
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Edward’s ruling was a ruling that delayed effective treatment for JJ for five months and allowed her cancer to relapse. Never mind that JJ wasn’t being treated by aboriginal healers at all, but rather a white quack from Florida! If JJ ultimately dies, it will have been the ruling that let that happen. After all, we’ve already seen what happened when a parent stuck with Brian Clement’s quackery to treat her daughter’s lymphoblastic leukemia. I’m referring, of course, to the case of Makayla Sault, whose mother took her to HHI and who died in January of her leukemia, very likely unnecessarily given that she had a good chance of long term survival with proper treatment. It’s a good thing that Justice Edward was given the opportunity to “walk back” his ruling. It’s not a good thing that it apparently took JJ’s relapse to do it.

Despite all this, it still does not answer the whole conundrum of indigenous rights to self governance as highlighted in some of the comments:

Judge Edward couldn’t really separate Clement from the aboriginal medicine issue, due to the way the case was brought. J.J’s parents claimed they were going to use Native Medicine, so McMaster cited ‘Native Medicine’ in it’s order of protection, and it’s appeal to the court, essentially conceding that however J.J. was being treated WAS ‘Native Medicine’. . This was the HOSPITAL putting politics over J.J.’s life, (though I can’t say how intentional it was in that). That is, McMaster sought a broad ruling that would force Children’s Services to take First Nations children into custody on the hospital’s say-so, essentially without oversight — the hospital wanted the whole Native Medicine argument declared illegitimate. AFAIK, McMaster made no attempt whatsoever to amend the complaint, but let it ride as an ‘Aboriginal Rights’ issue before Judge Edward, even though J. J. was at HHI during the proceedings!!
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Having outsiders involved in that decision assumes a level of knowledge they just don’t have, and also that one snapshot in time is important, rather than seeing culture as dynamic and evolving. It sounds obvious when it is written like that, but most people’s gut reaction assumes indigenous culture was frozen at colonisation, and any change is ‘adulteration’ because of white people.

J.J. has a chance to live! – Respectful Insolence

ADDENDUM::First Nations chemo case ruling amended to include child's well-being - Latest Hamilton news - CBC Hamilton

Here is what I struggle with in regards to this incident and its aftermath:  Makayla is dead and she shouldn't be!  And please explain to me what is so indigenous about Brian Clement and his Hippocrates Health Institute?

Bala called it a "significant clarification" that recognized the earlier decision had not referred to the child's rights as being paramount.

He said this decision makes it more of a balancing act between the child's best interests and aboriginal rights, and that courts "very rarely" clarify decisions.

"The aboriginal rights are one factor to be considered, but not the only factor," Bala said. "This is a significant qualification of the prior decision."

Paul Williams, the lawyer for the First Nations family, said the clarification prevented the previous ruling from being interpreted as an "absolute" that only aboriginal rights would be considered.

"The right to use traditional medicine is part of the child's best interests. That was clarified, it wasn't changed," Williams said. "I think it was a fear of absolutism. I think it was clear that nothing was absolute."

That aside for the moment, the importance of all this concerns JJ, the "other" First Nations child sucked into this debacle by her caregiver's choice of HHI and the raw foods diet they espouse:

The McMaster Childrens Hospital went to court in order to get authorities to compel J.J.'s mother to resume chemotherapy but the judge threw the case because of their First Nations status -- although the Florida treatment centre doesn't appear to have anything to do with Native medicine!

A judge dismissed the hospital's application in November, saying traditional aboriginal treatments were in existence before First Nations communities were in contact with Europeans, and were consequently entitled to special protection in Canada.

In spite of - because of or as a result of - we now have this in regards to JJ's care:

A cancer-stricken Ontario First Nations girl whose court case drew national attention last fall is now receiving a mix of aboriginal and conventional health care – including chemotherapy – after her leukemia returned in March and her mother agreed to a blended treatment plan.

The update on the health of the pre-teen, known as J.J., came during an unusual court proceeding in Brantford on Friday that brought together lawyers for the Ontario Attorney-General’s Office and all the parties to the original case, including the Hamilton hospital that first turned to the courts to try to force the girl back into chemotherapy.

In order to avoid putting J.J. and her family through a legal appeal, all sides co-operated in asking Justice Gethin Edward to “clarify” his original controversial ruling guarding the family’s constitutional right to choose indigenous healing over modern medicine, despite doctors’ warnings that the girl would almost certainly die without chemotherapy.

Justice Edward agreed to amend his original decision to make it clear that the interests of the child must be “paramount” in a case like that of 11-year-old J.J., whose identity is protected by a court order.

“Implicit in this decision is that recognition and implementation of the right to use traditional medicines must remain consistent with the principle that the best interests of the children remain paramount,” the revised decision reads.

 It is my hope that this changed in treatment has not come too late for JJ.  HHI is not an indigenous protocol, it is crank of the worst sort but that is fodder for another story.
 
First Nations chemo case ruling amended to include child's well-being - Latest Hamilton news - CBC Hamilton

UPDATE::Makayla Sault, girl who refused chemo for leukemia, dies - Aboriginal - CBC

As I suspected, my worst fear realized when woo wins over science. Makayla didn't even make it a year from my initial posting concerning her case,,,

Makayla Sault, the 11-year-old girl who refused chemotherapy to pursue traditional indigenous medicine and other alternative treatments, has died.

She died Monday after suffering a stroke Sunday.

The girl’s case made national headlines and ignited a debate about the validity of indigenous medicine and the rights of children to choose their own treatment.

Makayla was given a 75 per cent chance of survival when she was diagnosed with acute lymphoblastic leukemia in March. She underwent 11 weeks of chemotherapy at McMaster Children’s hospital in Hamilton.

Her mother, Sonya Sault, said Makayla experienced severe side-effects and at one point ended up in intensive care.

After Makayla said she had a vision of Jesus in the hospital, she wrote a letter to her doctors asking to stop treatment.

“I am writing this letter to tell you that this chemo is killing my body and I cannot take it anymore.”

Makayla Sault, girl who refused chemo for leukemia, dies - Aboriginal - CBC

ADDENDUM::'Doctor' treating First Nations girls says cancer patients can heal themselves - Aboriginal - CBC

Just to be clear, both cases cited in this article are very complex as we have a conflict of competing rights: children’s, parents’ and Indigenous peoples’.

In my initial posting concerning Makayla, I questioned the "cultural/religious" aspect first presented,

Makayla speaks eloquently and passionately about her wishes in a YouTube video,,,She also describes a vision of Jesus Christ she experienced in her hospital room. "I asked him, 'can you heal me?' and he said I was already healed," she says.

That is still in the back of my mind, although it has been "downplayed" in subsequent articles.

What is still bothersome is the treatment sought by both families,

“It is this court’s conclusion that (the mother’s) decision to pursue traditional medicine for her daughter is her aboriginal right,” Edward wrote. “Further, such a right cannot be qualified as a right only if it is proven to work by employing the western medical paradigm. To do so would be to leave open the opportunity to perpetually erode aboriginal rights.”

What is highlighted in this article IMO is not "traditional" medicine.

But, and I touched on this briefly before, after reading some very passionate and well thought out comments - I have to admit that I did not take the issue of jurisdiction as seriously as I should have.

Traditional medicines and such have nothing to do with the issue, that is just a red herring that so many are willing to bite. As her mother is Christian and not a traditionalist or follower of Handsome Lake, it is a question of jurisdiction, Ontario has no more right to order this child than a politician from New Brunswick. She is a daughter of the Haundenosaunee, the Six Nations, and they have authority over this matter.

All that aside, this quack needs to be shut down,,,

A Florida health resort licensed as a “massage establishment” is treating a young Ontario First Nations girl with leukemia using cold laser therapy, Vitamin C injections and a strict raw food diet, among other therapies.

The mother of the 11-year-old girl, who can not be identified because of a publication ban, says the resort’s director, Brian Clement, who goes by the title “Dr.,” told her leukemia is “not difficult to treat.”
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The resort has declined CBC’s request for an interview with Clement, who is described as a “naturopathic doctor” on the resort’s website.

But the Florida state health authority has said Clement is not a licensed doctor or naturopath, and inquiries regarding the institutions where he is described in online biographies as having earned degrees have raised questions about their credibility.

[,,,]
The family of Makayla Sault, who is the same age, has the same type of leukemia and lives in a nearby First Nation made a similar decision to leave chemotherapy earlier this year.

Both families travelled to West Palm Beach and paid more than $18,000 each for Clement’s “Life Transformation Program” at the Hippocrates Health Institute (HHI).

Makayla relapsed after returning from HHI. She was hospitalized last week and is said to be critically ill.

The other girl has also returned home, but her mother says HHI is continuing to provide care by analyzing blood test results sent by mail.

He’s been giving lectures in and around both girls’ communities in recent months, including one event attended by Makayla’s family this past May.

[,,,]
In a video obtained by CBC News, Clement says his institute teaches people to “heal themselves” from cancer by eating raw, organic vegetables and having a positive attitude.

“We've had more people reverse cancer than any institute in the history of health care,” he says.

“So when McGill fails or Toronto hospital fails, they come to us. Stage four (cancer), and they reverse it.”

'Doctor' treating First Nations girls says cancer patients can heal themselves - Aboriginal - CBC

UPDATE::Makayla Sault, earlier First Nation child who refused chemo, relapsed: doctor - Aboriginal - CBC

I knew when I wrote about this story previously that I would be returning with an update as such. Makayla's condition has worsened.

A Hamilton oncologist testifying at a hearing into an indigenous child who has quit chemotherapy in favour of traditional medicine says in a similar case earlier this year, another First Nation girl stopped her chemo and has now suffered a relapse.

Makayla Sault's leukemia has come back, according to testimony by McMaster Children's Hospital's Vicky Breakey. Although Breakey didn't name the patient, it's clear she was referring to Makayla. The 11-year-old girl from the Mississaugas of the New Credit First Nation left chemotherapy treatment at the McMaster hospital in May to pursue traditional indigenous medicine.

Breakey said although Makayla​ left the hospital, they have still been monitoring her health.

[,,,]
Makayla's family declined to be interviewed, but in a video posted on Facebook on Saturday Makayla proclaimed, "I just want to let everyone know that I'm alive and well and that I am healed."

In a statement released by her band on Friday, they say she is recovering from leukemia and the effects of chemotherapy.

The statement says, "She is under the care of her family and is receiving traditional medicines to assist with her recovery."

I am fairly certain that my next post concerning Makayla will be about her funeral.

Makayla Sault, earlier First Nation child who refused chemo, relapsed: doctor - Aboriginal - CBC

UPDATE::CAS Closes Case on Ojibwe child; "We respect Makayla's choice." | Two Row Times

I was so hoping for a different outcome, a compromise; something, but not what CAS has decided. I do understand why although I do not agree or like it. Remove the political and cultural overtones which loom large in this case, one is still left with the religious, and I do not mean indigenous spiritual beliefs. I am referring to the overt references to the brainwashing done by the church and the fact that Makayla is unable to separate the reality of her choice from the dream of her desire.
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Andrew Koster, Executive Director of the Children’s Aid Society of Brant, stated that CAS will not be investigating further, files have been closed and that without question, Makayla Sault will not be apprehended and forced back into chemotherapy.

Koster gave the news at a community meeting of approximately 40 invited officials and over 60 supporters Tuesday afternoon. “We do not have any intention of interfering with the family or apprehending Makayla or any of her other siblings. We respect Makayla’s choice. This is a unanimous decision from the Children’s Aid Society. We have no intention of taking this thing any further. We’ve looked at the information at this point that we have. We respect the wishes of the family, the wishes of Makayla and the wishes of the community. We will not be apprehending. We want to keep our word.”

[,,,]
Rivers further spoke on behalf of CAS Native Services, saying the organization “acknowledges and respects [indigenous] medicine.” Rivers said that the Native Services Branch is aware that the Sault family are treating Makayla through Onongwatri:yo: and that they, as an organization “acknowledge and honour Makayla’s choice.”

Rivers, who is indigenous as well, told over 100 people gathered in New Credit today, “In our families there isn’t a hierarchy, this is contrary to a western way of thinking. This is a decision we [CAS Native Services Branch] have made as a team. We honour Makayla, the decision and the family.”

[,,,]
At this point, CAS closing the file means that Makayla will not be put back in chemotherapy against her will. A legal representative addressed the crowd saying that CAS is the authority under Ontario Law to take this case forward or close it. She said that McMaster Children’s Hospital saw what they perceived as a “failure to administer medical services” to Makayla and that as a part of fiduciary responsibility to the Child and Family Services Act, they had no choice but to report the Saults to the Children’s Aid Society.

CAS Closes Case on Ojibwe child; "We respect Makayla's choice." | Two Row Times

Forcing chemo on girl will incite ‘wrath': expert

Question:: There's a traditional Ojibwa treatment for acute lymphoblastic leukemia,,,that includes Jesus?

And before anyone jumps, I am well aware that many First Nation peoples have been victims of missionaries for centuries (and generations of kids removed to boarding schools for indoctrination and abuse). Because of that abuse, many First Nation peoples are Christians today and quite a number of them combine Christian and indigenous spiritual practices.

It is blatantly obvious that the parents have followed this path, "Makayla Sault, daughter of Pastors Ken and Sonya Sault has taken a very brave and bold move to assert herself,,,."

That aside, back to my question(s) that this case inspires. Questions that I ask in all seriousness and hope in due course are answered.

Makayla speaks eloquently and passionately about her wishes in a YouTube video,,,She also describes a vision of Jesus Christ she experienced in her hospital room. "I asked him, 'can you heal me?' and he said I was already healed," she says.

[,,,]
Martin-Hill stresses the issue is indigenous rights not religion.

"According to the United Nations declaration on indigenous rights, they do have the right to seek traditional medicine. It's a protected right for indigenous people worldwide."

I'm sorry but I disagree with Martin-Hill and think she is being a bit hyperbolic. Since both of Makayla's parents are ministers and she's seeing Jesus, it appears the basis of the objections aren't, culturally, of first nations healing traditions but religious ones

Question 2::Dawn Martin-Hill, do you know what special pleading is? And would you care to elaborate, "[w]e don't need to prove to the world that the medicine works. We know it works. The evidence base is in the community."

However, Martin-Hill points out that Makayla will be treated with traditional approaches including nurturing her psychologically to get her fighting spirit back, feeding her a healthy diet to repair the damage done by chemotherapy and giving her herbs chosen specifically for her cancer.

Martin-Hill is one of two researchers funded by the Canadian Institutes of Health Research to study indigenous medicine.

"We will never ever have enough studies done to prove anything to the medical establishment," she said.

"We don't need to prove to the world that the medicine works. We know it works. The evidence base is in the community."

Question 3:: Are Makayla medical needs trumped by cultural sensitivity? In other words, should her case be "treated" differently than a non-native person?

We all know whether in the US or Canada that native tribes have been fucked over, and it continues to this day. It is something that needs correcting BUT if indigenous autonomy means letting a child die I'd have to say I am against that; it creates a conundrum. A giant clusterfuck while at the same time increasing mistrust between the two sides in this incident.

This I'm afraid is is the slippery slope of religion. It begins with "my" freedom to believe what I want but then it extends to "my" right to teach my children what I want, and even to subject them to whatever medical treatment I deem appropriate. In the end though there is one fact that remains, cancer doesn't care who it kills, but it does kill,


Forcing chemo on girl will incite ‘wrath': expert